By: Taylor	S.B. No. 1171
	(Huberty)

	A BILL TO BE ENTITLED
	AN ACT
	relating to the electronic administration of certain required
	assessment instruments, measures to support Internet connectivity
	for purposes of those assessment instruments, and the adoption and
	administration of certain optional interim assessment instruments.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 31.0211(c), Education Code, is amended
	to read as follows:
	(c)  Subject to Subsection (d), funds allotted under this
	section may be used to:
	(1)  purchase:
	(A)  materials on the list adopted by the
	commissioner, as provided by Section 31.0231;
	(B)  instructional materials, regardless of
	whether the instructional materials are on the list adopted under
	Section 31.024;
	(C)  consumable instructional materials,
	including workbooks;
	(D)  instructional materials for use in bilingual
	education classes, as provided by Section 31.029;
	(E)  instructional materials for use in college
	preparatory courses under Section 28.014, as provided by Section
	31.031;
	(F)  supplemental instructional materials, as
	provided by Section 31.035;
	(G)  state-developed open education resource
	instructional materials, as provided by Subchapter B-1;
	(H)  instructional materials and technological
	equipment under any continuing contracts of the district in effect
	on September 1, 2011;
	(I)  technological equipment necessary to support
	the use of materials included on the list adopted by the
	commissioner under Section 31.0231 or any instructional materials
	purchased with an allotment under this section; [and]
	(J)  inventory software or systems for storing,
	managing, and accessing instructional materials and analyzing the
	usage and effectiveness of the instructional materials; and
	(K)  services, equipment, and technology
	infrastructure necessary to ensure Internet connectivity and
	adequate bandwidth; and
	(2)  pay:
	(A)  for training educational personnel directly
	involved in student learning in the appropriate use of
	instructional materials and for providing for access to
	technological equipment for instructional use; [and]
	(B)  for training personnel in the electronic
	administration of assessment instruments; and
	(C)  the salary and other expenses of an employee
	who provides technical support for the use of technological
	equipment directly involved in student learning.
	SECTION 2.  Subchapter B, Chapter 32, Education Code, is
	amended by adding Section 32.037 to read as follows:
	Sec. 32.037.  GRANT PROGRAM FOR TRANSITION TO ELECTRONIC
	ADMINISTRATION OF ASSESSMENT INSTRUMENTS. (a) The commissioner
	may establish a matching grant program to ensure that all school
	districts and open-enrollment charter schools have the necessary
	infrastructure to administer assessment instruments electronically
	in accordance with the transition plan developed under Section
	39.02341.
	(b)  In establishing the grant program, the commissioner
	may:
	(1)  set eligibility criteria to receive a matching
	grant under the program; and
	(2)  contract with developers of technology as
	necessary to ensure the most efficient and cost-effective
	implementation of Internet connectivity infrastructure for
	electronic administration of assessment instruments.
	(c)  In awarding grants under the grant program, the
	commissioner:
	(1)  shall prioritize applicants seeking funding for
	one-time investments in broadband network infrastructure; and
	(2)  if funds are available after grants are awarded to
	each eligible applicant described by Subdivision (1), may award
	grants to applicants seeking funding for annual bandwidth and
	personnel costs associated with electronic administration of
	assessment instruments.
	(d)  This section expires September 1, 2025.
	SECTION 3.  Sections 39.023(c-3), (c-8), and (o), Education
	Code, are amended to read as follows:
	(c-3)  Except as provided by Subsection (c-7) or as otherwise
	provided by this subsection, in adopting a schedule for the
	administration of assessment instruments under this section, the
	State Board of Education shall ensure that assessment instruments
	administered under Subsection (a) or (c) are not administered on
	the first instructional day of a week. On request by a school
	district or open-enrollment charter school, the commissioner may
	allow the district or school to administer an assessment instrument
	required under Subsection (a) or (c) on the first instructional day
	of a week if administering the assessment instrument on another
	instructional day would result in a significant administrative
	burden due to specific local conditions.
	(c-8)  Beginning with the 2022-2023 school year, not more
	than 75 percent of the available points on an assessment instrument
	developed under Subsection (a) or (c) may be attributable to [not
	present more than 75 percent of the] questions presented in a
	multiple choice format.
	(o)  The agency shall adopt or develop optional interim
	assessment instruments for each subject or course for each grade
	level subject to assessment under this section. A school district
	or open-enrollment charter school may not be required to administer
	interim assessment instruments adopted or developed under this
	subsection. An interim assessment instrument:
	(1)  must be:
	(A)  when possible, predictive of the assessment
	instrument for the applicable subject or course for that grade
	level required under this section; and
	(B)  administered electronically; and
	(2)  may not be used for accountability purposes.
	SECTION 4.  Section 39.0234, Education Code, is amended to
	read as follows:
	Sec. 39.0234.  ELECTRONIC ADMINISTRATION OF ASSESSMENT
	INSTRUMENTS. Each [The agency shall ensure that] assessment
	instrument [instruments] required under Section 39.023(a), (c), or
	(l) must be [39.023 are capable of being] administered
	electronically, unless otherwise provided by commissioner rule.
	SECTION 5.  Sections 39.02341(a) and (b), Education Code,
	are amended to read as follows:
	(a)  The agency, in consultation with the State Board of
	Education, shall develop a transition plan to administer all
	assessment instruments required under Sections 39.023(a), (c), and
	(l) [Section 39.023] electronically beginning not later than the
	2022-2023 school year. The plan must:
	(1)  evaluate the availability of Internet access for
	each school district in this state;
	(2)  identify changes to state law or policy necessary
	to improve the availability of Internet access described by
	Subdivision (1);
	(3)  evaluate the state's experience with administering
	online assessment instruments, including the occurrence or effects
	of power outages or other types of disruptions of Internet service,
	and actions taken by the state to mitigate the occurrence and effect
	of those disruptions; and
	(4)  identify and evaluate actions taken by the state
	to improve the administration of online assessment instruments.
	(b)  The agency shall implement the transition plan
	beginning on September 1, 2021. [In order to ensure legislative
	approval of the transition plan, this subsection expires August 31,
	2021.]
	SECTION 6.  (a) Except as provided by Subsection (b) of this
	section, this Act applies beginning with the 2021-2022 school year.
	(b)  Section 39.0234, Education Code, as amended by this Act,
	applies beginning with the 2023-2024 school year.
	SECTION 7.  This Act takes effect immediately if it receives
	a vote of two-thirds of all the members elected to each house, as
	provided by Section 39, Article III, Texas Constitution. If this
	Act does not receive the vote necessary for immediate effect, this
	Act takes effect September 1, 2021.